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File #: 200328    Version: Name:
Type: Bill Status: ENACTED
File created: 5/21/2020 In control: Committee on Law and Government
On agenda: Final action: 6/25/2020
Title: Amending The Philadelphia Code to add a new Chapter, entitled "Employee Protections in Connection with COVID-19 Emergency Health Order," to provide workplace protections in emergency health orders and regulations, provide protections for employees against retaliatory actions both for the disclosure of information related to employer non-compliance with such orders and for refusal to work under unsafe conditions caused by non-compliance with such orders, all under certain terms and conditions.
Sponsors: Councilmember Gym, Councilmember Squilla, Councilmember Johnson, Councilmember Gauthier, Councilmember Jones, Councilmember Henon, Councilmember Quiñones Sánchez, Councilmember Brooks, Councilmember Gilmore Richardson, Councilmember Thomas
Code sections: Title 9 - REGULATION OF BUSINESSES, TRADES AND PROFESSIONS
Attachments: 1. CertifiedCopy20032801.pdf
Title
Amending The Philadelphia Code to add a new Chapter, entitled "Employee Protections in Connection with COVID-19 Emergency Health Order," to provide workplace protections in emergency health orders and regulations, provide protections for employees against retaliatory actions both for the disclosure of information related to employer non-compliance with such orders and for refusal to work under unsafe conditions caused by non-compliance with such orders, all under certain terms and conditions.
Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
1. Title 9 of The Philadelphia Code is amended by adding a new Chapter as follows:

CHAPTER 9-5000. EMPLOYEE PROTECTIONS IN CONNECTION WITH COVID-19 EMERGENCY HEALTH ORDER.
? 9-5001. Definitions.
Adverse Employment Action. Includes, but is not limited to, reduction in pay, atypical adverse change in working hours, termination, refusal to employ, harassment, or threats pertaining to an individual's perceived immigration status.
Department. The Department of Labor.
Employee. Any individual who performs work for an Employer.
Employer. Any person, including a corporate officer or executive, who directly or indirectly or through an agent or any other person, including through the services of a temporary service or staffing agency or similar entity, employs or exercises control over the wages, hours or working conditions of any Employee.
Protected disclosure. A good faith communication, including a communication based on, or when carrying out, job duties, that discloses or demonstrates an intention to disclose information that may evidence a violation of a COVID-19 public health order that may significantly threaten the health or safety of employees or the public, if the disclosure or intention to disclose was made for the purpose of remedying such violation.
COVID-19 public health order. An order or regulation issued by the Pennsylvania Department of Health or the Philadelphia Department of Public Health rela...

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